Parker, CO HOA Rules: Board Procedures (2026)
Key Facts
- Governing chapter
- Chapter 11.20, Construction Defect Claims
- Adopted
- Ordinance 4.112, 2016, effective Feb. 1, 2016
- Notice timing
- At least 60 days before serving a claim
- Consent threshold
- Majority of votes, excluding declarant's votes
- Applies to
- Communities created in Parker on/after Feb. 1, 2016
Summary
Before an executive board of a common interest community in the Town of Parker can sue over a construction defect, Chapter 11.20 requires it to give unit owners expanded written notice covering costs, odds of recovery and fee arrangements, then obtain signed majority consent excluding the declarant's votes.
(a)Additional information required in notice to unit owners. Before the executive board of a common interest community institutes any legal action involving a construction defect claim, the executive board shall include in the notice to unit owners required by Section 38-33.3-303.5, C.R.S. (even if the common interest community has a delegate voting system), the following additional information to more fully advise the unit owners of the nature of the action and the relief sought, in substantially the following form: ... (c)Majority consent of unit owners required. A construction defect claim is not authorized unless the executive board obtains the signed, written consent from owners, other than the declarant (even if the common interest community has a delegate voting system), of units to which a majority of the total votes, excluding votes allocated to units owned by the declarant, in the association are allocated, which written consent acknowledges that the owner has received the notice required under Section 38-33.3-303.5, C.R.S., including the additional information set forth in Subsection (a) above, and approves of the executive board's proposed action.
Full Breakdown
Section 11.20.120 of the Construction Defect Claims chapter layers Town-specific procedure onto the executive board notice already required by the Colorado Common Interest Ownership Act, Section 38-33.3-303.5, C.R.S. Before filing suit, the board must tell unit owners, in substantially prescribed form, the statute-of-limitations deadline for filing, the expected dollar range of recovery, the contingency-fee percentage and estimated litigation costs, what owners face if the association loses, and how an unresolved claim will depress unit values and complicate refinancing. That notice must go out at least sixty days before serving a construction defect claim under the Colorado Construction Defect Action Reform Act, Section 13-20-803.5, C.R.S.
The board cannot proceed without signed, written consent from owners holding a majority of the association's total votes, excluding any votes allocated to the declarant, and each owner's consent must acknowledge receipt of the expanded notice. The Section also protects privileged attorney-client communications from being pulled into the notice or treated as a waiver. This chapter, adopted by Ordinance 4.112 in 2016 and effective February 1, 2016, applies to common interest communities created in Parker on or after that date, so associations formed earlier are not automatically bound by these added notice and consent steps.
Violations & Fines
The chapter does not set a fine; instead, skipping the required notice or majority-consent steps exposes the association to a defense that its construction defect claim was not properly authorized. Boards that proceed without obtaining consent from owners holding a majority of the votes, excluding the declarant's votes, risk having the litigation challenged as unauthorized before it can move forward.
Frequently Asked Questions
What must a Parker HOA board tell owners before suing over a construction defect?
Can a Parker HOA board file a construction defect suit without an owner vote?
Does this notice and consent rule apply to every HOA in Parker?
Sources & Official References
Other rules in Parker
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